Child support attorney answers common questions when considering modification of child support or appealing a ruling in a child support case in Florida.
How Does a Florida Appellate Court Review a Judge’s Child Support Decision?
The standard of review for nearly all child support awards in Florida is the “abuse of discretion standard”. Generally speaking, the “abuse of discretion standard” means there must be “competent, substantial evidence” on the record at trial that supports the judge’s decision. Usually, there is not an “abuse of discretion” that requires the trial judge’s decision to be over-turned on appeal unless “no reasonable person would take the view adopted by the trial court”.
That said, the standard of review for determining a trial court’s imputation of income is whether the decision is supported by competent, substantial evidence.
Also, the trial court’s mathematical calculation of child support is subject to the “de novo” standard of review.
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